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HomeMy WebLinkAbout10/17/1994Minutes of an Adjourned Regular Meeting �W October 17, 1994 Town of Los Altos Hills City Council Meeting Monday, October 17, 1994, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Adjourned Regular Meeting of the City Council to order at 6:04 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Hubbard, Johnson, and Tryon (arrived at 7:35 p.m.) Absent: Mayor Pro Tem Siegel Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan, Planning Director Linda Niles and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT (Commissioner Schreiner) Commissioner Schreiner noted that she was available to answer any questions Council might have on the Planning Commission items on their agenda. She did point out that there was some confusion regarding the Lands of Belden noting that part of this application was on the Consent Calendar and part set for public hearing discussion. In reviewing the minutes from the September 28th Planning Commission Meeting at which the Lands of Belden had been discussed, Schreiner noted that the minutes were incorrect. She suggested continuing the Consent Calendar item -- Lands of Belden, 12033 Green Hills Court: approved request for a site development permit modification to remove a condition to dedicate right-of-way on the straight away, to the next Council Meeting for clarification of the Planning Commission minutes on this issue. Dauber commented on the Nguyen application noting the design of a garage on either side of the house. In her opinion this gave the appearance of a duplex and the Town may want to look at this issue in the future. Dauber also commented that this issue October 17. 1994 Adjourned Regular Meeting might be discussed at the joint meeting of the Council and the Commission which was scheduled for November 30th. Hubbard referred to the condition regarding paint colors for the Lands of Fitzpatrick and voiced his general concern that some of the conditions, including this one, might be getting too restrictive. 4. CONSENT CALENDAR It was noted that a Site Development Permit Approval from the 9/28/94 Planning Commission Meeting had inadvertently been omitted from this agenda and should be added as an urgency item. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to add the following item to the agenda as an urgency item: Lands of Nguyen, 11632 Rebecca Lane - approved request for a Site Development Permit for an addition. Item Removed: 4.3b (Dauber) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: October 5, 1994 4.2 Approved Warrants: $101,081.73 (10/13/94) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on September 28,1994: 4.3a Lands of Fitzpatrick, 25311 Fremont Road: approved request for a site development permit for a major addition, remodel and secondary dwelling unit. 4.3c Lands of Nguyen, 11632 Rebecca Lane: approved request for a Site Development Permit for an addition 4.4 Accepted audit report for Fiscal Year 1993-94 4.5 Introduced ordinance updating the Conflict of Interest Code 4.6 Accepted dedication of right of way adjacent to Fernhill Drive, Lands of Van Elderen, 25601 Fernhill Drive -- Reso #77-94 October 17, 1994 Adjourned Regular Meeting U 4.7 Accepted subdivision improvements -- Lands of Weidman/ Peterson, 13930 La Paloma -- Reso #78-94 Item Removed: 4.3b Lands of Belden, 12033 Green Hills Court: approved request for a site development permit modification to remove a condition to dedicate right-of-way on the straight away MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to continue the Lands of Belden, 12033 Green Hills Court: approved request for a site development permit modification to remove a condition to dedicate right-of-way on the straight away, to the next meeting for clarification of the minutes of the Planning Commission Meeting from 9/28/94 on this issue. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8.1.1 Technology Improvement Committee MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to approve the establishment of a Technology Improvement Committee as a Standing Committee of the Town. This five member committee would evaluate present Town information systems, identify potential applications, develop implementation processes and provide technical assistance. Hubbard suggested it would be beneficial to include accounting professionals (i.e. Finance Director or members of the Finance Committee) at the meetings of this committee. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously by all members present to appoint Johnson as Council liaison to the Technology Improvment Committee. October 17, 1994 ` Adjourned Regular Meeting 460 8.1.2 Temporary Appointment to Solid Waste Subcommittee MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to add the following item to the agenda as an urgency item: temporary appointment to Solid Waste Subcommittee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to appoint Hubbard to the Solid Waste Subcommittee until the return of Siegel in early November. 8.1.3 League of California Cities Annual Conference The City Manager noted that he was the voting delegate to the League Conference and if Council had any recommendations to please let him know. Dauber asked the City Manager to investigate information on composters while he was at the conference. 8.1.4 Fire Services Committee The City Manager reported that a fire services committee had been formed including Jean Struthers, Bill Smith, Fire Commissioner Jay Stone, representatives from the Fire Department and the Fire Marshall's office and himself. One issue of high priority to be discussed was Byrne Preserve. 8.2 City Attorney 8.2.1 Spangenberg Appeal The City Attorney reported that a notice of appeal had been filed by Mr. Spangenberg and this item would be agendized for the next Council Meeting. 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 10/14/94 9. COUNCIL -INITIATED ITEMS October 17, 1994 Adjourned Regular Meeting 9.1 Meeting with Chairmen of Committees (Dauber) Dauber reported that her first meeting with the Chairmen of the Committees had been very worthwhile and provided a forum for a good exchange of ideas. This meeting had been attended by the Chairmen of the Environmental Design and Protection Committee, the Finance Committee, the Safety Committee and the Pathways Recreation and Parks Committee. The City Manager had also been present. These meetings would be held every other month on the second Wednesday. 9.2 Highway Metering Lights (Johnson) Johnson reported on the issue of metering lights for Highway 85/IS280. The Santa Clara County Cities Association had discussed this issue and metering now would not take place for 90 days. 9.3 Packard Proposal (Dauber) Dauber reported that the informational hearing on the Packard application had been postponed at the request of the applicant to a date uncertain. 9.4 Planning Commission Vacancy (Dauber) Dauber noted that Commissioner Comiso had resigned from the Planning Commission. Advertising for this position as well as for members of the newly created Technology Improvement Committee would be done as soon as possible. 10. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Council on any subject, whether or not on the agenda, may do so now. Please note, however, the Council is not able to undertake extended discussion or action tonight on items not on the agenda. Under a resolution previously adopted by the Council, such items can be referred to staff for appropriate action, which may include placement on the next available agenda. Please note that, while the Council will hear comments upon items which are on the agenda at this time, the Council will not act on any such item until the item is under consideration by the Council. 11. PUBLIC HEARINGS If you challenge the proposed action(s) in court, you may he limited to raising only those issues you or sommne else raised at the public hearing described below, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 11.1 Request for a Site Development Permit for a new residence, Lands of Chan, 14295 Saddle Mountain Drive October 17, 1994 Adjourned Regular Meeting Stephen Chan, applicant, noted that he had met with his neighbors and they had had a very productive meeting at which agreement on his application was reached. He had agreed to lower the peak of their entry tower element by six feet and the top of the modified tower element would not be used as a decking area. Carol Tam, 14297 Saddle Mountain, Mr. Mehta, 14493 Saddle Mountain, and Sylvia Leong, 25386 La Loma Drive, congratulated the Chans for working toward a mutually agreeable solution to this application. Henry Mourad, 14300 Saddle Mountain, expressed two concerns: 1) the safety issue of truck traffic on Saddle Mountain which would be dramatically increased in the moving of the dirt; and 2) the enforcement regarding the contractors. He had had an experience where they dropped dirt on his property and although the contractor apologized, he believed there should be some controls. The City Manager, in response to Mr. Mourad's comments, noted that enforcement was handled by way of putting a stop work order on a project. Hubbard commented on fairness and consistency and referred to homes on ridge lines. He asked if anyone had any comments on restrictions being made for one story homes in these areas. Mr. Mehta, 14493 Saddle Mountain, noted that his home had been restricted to one story and he believed the Chans should be too. Mr. Stephen Chan, applicant, suggested that at the time of subdivision if a lot were highly visible then a deed restriction be placed on the land. This way the potential buyer would have a clear understanding of any restrictions on the lot. Dot Schreiner, 14301 Saddle Mountain Drive, gave a brief historical overview of the Saddle Mountain Subdivision and the decision by the Town to thereafter protect the ridgelines. She did believe early communication to be very productive when discussing what could be done with a lot. Schreiner also commented on the truck traffic for the Chan project, noting this was a blind curve and suggested a monitoring device or flag man be required. Councilmember Tryon arrived. Betty Ng, 12770 Leander, referred to the need for respect for individuality and the importance of the Town making decisions based on facts not subjectivity. She noted the need for some architectural regulations but also the acknowledgement of uniqueness of styles and the constitutional rights of residents. October 17. 1994 Adjourned Regular Meeting Henry Mourad, 14300 Saddle Mountain, suggested an applicant provide a quick sketch of what he planned to do and share this with the neighbors. He believed this would solve many problems in the future and in this particular case he sympathized with the time and money spent by the Chans on this project. Aneke Bredo, 13820 Page Mill Road, commented that if the Town had no regulations it would not work at all. She also believed that the public hearing noticing should be extended. They were certainly beyond the 500' noticing area of this project, yet had a perfectly clear view of the entire project. Mr. Kwok, 26836 Purissima, praised the neighbors for all working together on the Chan application. He further believed that residents should be advised early what they could or could not do with their property. He thought it unfair for the Town to impose restrictions at a later date in an application process. John Komo, applicant's designer and builder, reviewed what a long process the Chan project had been. It had been a difficult period with three Commission hearings, a redesign and a Council hearing. He lived in the Town and had been designing homes in Los Altos Hills for twenty years. He would be willing to share input and comments with the Council at a later date on his experiences and the planning process in the Town. On the subject of the truck traffic, Mr. Komo noted that the dirt removal should involve about forty truck trips and should be a two to three day project Hubbard commented on the Town's efforts to protect the ridgelines and also to protect the views of the neighbors. He wanted to see some consistency in these applications and was concerned about setting a precedent. On the other hand Hubbard acknowledged that this application had taken quite a long time and was too far along in the process at this time to impose new restrictions such as one story. Johnson concurred with Hubbard. Dauber suggested that story poles be marked on the plans for clarificiation. John Komo, applicant's designer and builder, referred to Mayor Dauber's recommendation about the story poles and suggested that the handout on story poles be clarified to reflect this request. PASSED BY CONSENSUS: To amend Condition #4 to change the sentence "The color shall be a dark gray or brown due to the visibility of the lot." to "The color shall be one of the darker shades of the color chart." PASSED BY CONSENSUS: To add the following sentence to Condition #7: "Flag men shall be present when the hauling is done." October 17, 1994 Adjourned Regular Meeting MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed by the following roll call vote to approve the request for a site development permit for a new residence for Lands of Chan at 14295 Saddle Mountain Drive, subject to the Conditions of Approval as recommended by the Planning Commission and amended by Council in part to reflect the lowering of the peak of the entry tower element by six feet as compared to the plans (dated 9/16/94) approved by the Planning Commission at their 9/14/94 Commisssion Meeting and to reflect that the top of the modified tower element will not be used as a decking area. AYES: Mayor Dauber and Councilmembers Hubbard and Johnson NOES: None ABSENT: Mayor Pro Tem Siegel ABSTAIN: Councilmember Tryon Tryon noted that due to a family emergency she had arrived late to the meeting and had not been present for all of the discussion on this application. For this reason she abstained from the vote but she did commend the neighbors for working together toward a solution. 11.2 Request for review of a Site Development Permit Condition to dedicate additional right-of-way on the cul-de-sac, Lands of Belden, 12033 Green Hills Court The City Attorney noted that the City Council did not have the authority to allow an amount of right of way less than that required in the Town's Code or Policy. The public hearing on the Lands of Belden as well as the Lands of Corrigan should be continued to allow Council the opportunity to amend the right of way policy or to allow the applicants to apply for a variance. Council had before them the Planning Director's staff report dated 10/17/94 which included the following recommendation: direct staff to re -review the cul-de-sac ordinance for making it consistent with the right-of-way policy and direct staff to combine the right of way policy and cul-de-sac ordinance into one ordinance and bring it back to Council. Peter Duxbury, applicant's architect, referred to the cul-de-sac under discussion and the impact this condition has on his client's application. Lee Belden, applicant, noted that this dedication makes his lot non -conforming by a very small amount. He was concerned about the financial implications of proceeding with this application and asked for more time to review the issue. He noted that he would not be willing to complete the dedication paperwork at this time but not have it recorded until a later date. 4 October 17, 1994 l Adjourned Regular Meeting Carol Gottlieb, 24290 Summerhill, noted that many properties had already had these right of way dedications required of their lots and thereby had their development areas reduced. She believed consistency was important and this could not be done lot by lot. Furthermore, did the Town want to return dedications? PASSED BY CONSENSUS: To continue the request for review of a Site Development Permit Condition to dedicate additional right-of-way on the cul-de- sac, Lands of Belden, 12033 Green Hills Court to the next Council Meeting. PASSED BY CONSENSUS: To agendize review of the road right of way policy for the November 16, 1994 City Council Meeting. 11.3 Request for review of a Site Development Permit Condition to dedicate additional right-of-way on the cul-de-sac, Lands of Corrigan, 12797 Normandy Lane Sigrun Corrigan, applicant, asked that this dedication be waived due to the uniqueness of their property. She believed it was undue hardship to take any more land and stated there would be no problem when and if the Town needed to put in future utilities. She thought there must be some way to work this out. She just wanted a gate to her property and did not want a path in front of her house. Wilfred Corrigan, applicant, referred to the recent Supreme Court decision noting that there had to be some reason for government to take dedications of land. He saw nothing in their application to warrant additional dedications of land. Dan Thompson, applicant's designer, commented that it had not been clear to them what this condition meant when they had obtained their site development permit. Once they had realized that it was a dedication of land they had not proceeded with the project. PASSED BY CONSENSUS: To continue the request for review of a Site Development Permit Condition to dedicate additional right-of-way on the cul-de- sac, Lands of Corrigan, 12797 Normandy Lane to a future Council Meeting at the request of the applicant. 11.4 Approval of Capital Improvement Budget 1994-95 -- Reso Council discussed the proposed capital improvement budget before them which reflected the comments made at the October 5th study session on this issue. The suggestion was made to include the projected $500,000 annually for Pavement Management for the next five years and to include projected projects and costs. October 17. 1994 Adjourned Regular Meeting Hubbard also suggested that it might be better to see the entire budget at one time to get a better overall financial picture. However, if this was not possible, then an update of the capital improvement budget at the time of budget discussions would help. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to adopt Resolution #79-94 adopting the Capital Improvement Budget for Fiscal Year 1994-95. 12. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (one potential case) The City Council adjourned to a Closed Session at 9:30 p.m. and reconvened at 10:15 p. M. 13. ADIOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:15 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the October 17, 1994 Adjourned Regular Meeting were approved at the November 2, 1994 City Council Meeting. October 17, 1994 Adjourned Regular Meeting 10